Calendar for: Judge Edward J. Davila
Courtroom 4, 5th Floor
Courtroom Deputy: Adriana Kratzmann


Last Updated: Dec 15 2018 6:24AM
View Scheduling Notes
Monday, Dec 17 2018
- *** CALENDAR CLOSED OUT FOR FURTHER SET
10:00AM
5:15-cr-00106-EJD-2 - USA v. Hao Zhang
AUSA:Matthew Parrella, Michelle Kane/DEF:Daniel Olmos,Thomas Nolan,Paul Meltzer(specially for Yitai
Motion Hearing
Status Conference (Reptr)
5:15-cr-00106-EJD-2 - USA v. Hao Zhang(NC)(Chen-Hao Hsu - Mandarin Interpreter)
AUSA:Matthew Parrella, Michelle Kane/DEF:Daniel Olmos,Thomas Nolan,Paul Meltzer(specially for Yitai
Motion Hearing
Status Conference (Reptr)
01:00PM
5:18-cv-00198-EJD - In Re Inductors Antitrust Litigation
Further Case Mgmt Conference
01:30PM
5:15-cr-00139-EJD-2 - USA v. Jose Alberto Ruiz-Naranjo(NC)
AUSA:Scott Simeon/DEF:Arturo Hernandez-Melendez/P.O. Kyle Pollak
Sentencing
5:17-cr-00487-BLF-1 - USA v. Rocci Garrett(NC)
AUSA: Marissa Harris / DEF: Graham Archer
Status Conference, Request acceptance to CAP
5:18-cr-00356-EJD-1 - USA v. Dereke Holden(NC)
AUSA: John Bostic / DEF: David Callaway
Status Conference (Reptr)
5:18-cr-00356-EJD-2 - USA v. Collin Blaudeanderson(NC)
AUSA: John Bostic / DEF: Thomas Ferrito
Status Conference (Reptr)
5:18-cr-00356-EJD-3 - USA v. Oscar Madrigal(NC)
AUSA: John Bostic / DEF: Naomi Chung
Status Conference (Reptr)
03:00PM
5:17-cr-00153-EJD - USA v. Agustin Estrada
Motion to Dismiss
5:17-cr-00153-EJD-1 - USA v. Agustin Estrada(NC)(Spanish Interpreter)
AUSA: Brian Cabrera / DEF: Jerry Fong
AUSA: Brian Cabrera / DEF: Jerry Fong
Motion Hearing
Pretrial Conference
Tuesday, Dec 18 2018
10:00AM
5:16-cr-00322-EJD - USA v. Fritz Kramer
Status Conference (Reptr)
11:00AM
EJD - UNDERSEAL v. UNDERSEAL
Wednesday, Dec 19 2018
- No Calendar Matters Currently Set
Thursday, Dec 20 2018
- *** CALENDAR CLOSED OUT FOR FURTHER SET
10:00AM
5:13-cv-01920-EJD - In re Intuitive Surgical Securities Litigation
Motion for Attorney Fees
Motion for Settlement
5:18-md-02827-EJD - In Re: Apple Inc. Device Performance Litigation
Further Case Mgmt Conference
Friday, Dec 21 2018
- Judge Unavailable
Monday, Dec 24 2018
- Judge Unavailable
Tuesday, Dec 25 2018
CHRISTMAS DAY - *** COURT HOLIDAY ***
Wednesday, Dec 26 2018
- Judge Unavailable
Thursday, Dec 27 2018
- Judge Unavailable
Friday, Dec 28 2018
- Judge Unavailable
Monday, Dec 31 2018
- Judge Unavailable
Tuesday, Jan 1 2019
NEW YEAR'S DAY - *** COURT HOLIDAY ***
Wednesday, Jan 2 2019
- Judge Unavailable
Thursday, Jan 3 2019
- Judge Unavailable
Friday, Jan 4 2019
- Judge Unavailable
Monday, Jan 7 2019
- *** CALENDAR CLOSED OUT FOR FURTHER SET
01:30PM
5:11-cr-00552-EJD-1 - USA v. Glenn Jingco(C)
AUSA: Jeffrey Backhus / DEF: Varell Fuller/P.O. Laura Shaer
Status Conference re SRV/PRBV
5:11-cr-00616-EJD-2 - USA v. Henry Gregory Jones(C)
AUSA: Joseph Springsteen / DEF: Mark Flanagan, Erin Ladd/P.O. Laura Shaer
Status Conference re SRV/PRBV
5:11-cr-00709-EJD-3 - USA v. Joshua Moore(NC)
AUSA: Marissa Harris / DEF: Thomas Ferrito
Status Conference re SRV/PRBV
5:13-cr-00726-EJD-1 - USA v. Ramiro Alcazar-Barajas(NC)(Spanish Interpreter)
AUSA:John Bostic/DEF:Graham Archer
Status Conference (Reptr)
5:15-cr-00034-EJD-1 - USA v. Christian Reimer Stukenbrock
AUSA:John Bostic/DEF:Matthew Jacobs, Erica Connolly
Motion for Forfeiture Bond and Judgment against Defendant
5:16-cr-00161-EJD-1 - USA v. Laron Prestley(NC)
AUSA: John Bostic / DEF: Varell Fuller/P.O. Shonte Brittle
Status Conference re SRV/PRBV
5:16-cr-00401-EJD-1 - USA v. Kenneth Tam(NC)
AUSA: Amie Rooney / DEF: Doron Weinberg
Further Status Conference (Reptr)
5:17-cr-00063-EJD-2 - USA v. Christian Urena(NC)
AUSA: Scott Simeon / DEF: Rhona Taylor/P.O. Kyle Pollak
Sentencing
5:18-cr-00050-EJD-1 - USA v. Jaime Alonso-Ramirez(NC)(Spanish Interpreter)
AUSA: Brian Cabrera / DEF: Tamara Crepet
Status Conference (Reptr)
5:18-cr-00473-EJD-1 - USA v. Juan Castalan-Ortiz(NC)(Spanish Interpreter)
AUSA: Brian Cabrera / DEF: Tamara Crepet
Status Conference (Reptr)
Tuesday, Jan 8 2019
09:00AM
5:17-cr-00153-EJD - USA v. Agustin Estrada
Jury Selection
01:30PM
5:17-cr-00153-EJD - USA v. Agustin Estrada
Jury Trial
Wednesday, Jan 9 2019
09:00AM
5:17-cr-00153-EJD - USA v. Agustin Estrada
Jury Trial
Thursday, Jan 10 2019
- *** CALENDAR CLOSED OUT FOR FURTHER SET
09:00AM
5:11-cv-01263-EJD - Woods v. Google, LLC.
Motion to Dismiss Fourth Amended Complaint
5:18-cv-01911-EJD - Mou et al v. SSC San Jose Operating Company LP et al
Motion to Dismiss
5:18-cv-03476-EJD - Cumming et al v. Big Picture Loans, LLC et al
Motion for Protective Order
5:18-cv-04543-EJD - WeWork Companies Inc. v. Weplus (Shanghai) Technology Co., Ltd. et al
Reservation via email 9/4/2018 Jeffrey Liao (323)930-5690
Motion to Quash
10:00AM
5:14-cv-03634-EJD - R. Andre Klein v. Timothy D. Cook, et al
Further Case Mgmt Conference
5:16-cv-00682-EJD - Narcisse v. Tafesse et al
Initial Case Mgmt Conference
5:17-cv-06555-EJD - Che v. Syufy Enterprises, LP et al
Order to Show Cause Hearing
5:18-cv-02914-EJD - Signorelli v. North Coast Brewing Co. Inc.
Initial Case Mgmt Conference
5:18-cv-03227-EJD - Velasquez v. Stanford Hospital and Clinics
Initial Case Mgmt Conference
5:18-cv-03476-EJD - Cumming et al v. Big Picture Loans, LLC et al
Initial Case Mgmt Conference
5:18-cv-04327-EJD - Lamont v. Conner et al
Initial Case Mgmt Conference
5:18-cv-06019-EJD - GUH-SIESEL v. Allstate Insurance Company
Initial Case Mgmt Conference
Friday, Jan 11 2019
09:00AM
5:17-cr-00153-EJD - USA v. Agustin Estrada
Jury Trial
Monday, Jan 14 2019
- *** CALENDAR CLOSED OUT FOR FURTHER SET
01:30PM
5:09-cr-00136-EJD-1 - USA v. James Terrell Booker(NC)
AUSA: Jeffrey Nedrow / DEF: Jerry Fong/P.O. Juan Flores
Status Conference re SRV/PRBV
5:16-cr-00435-EJD-1 - USA v. Jinnie Chao(NC)
AUSA:Maia Perez/DEF:Ethan Balogh
Status Conference (Reptr)
5:17-cr-00063-EJD-3 - USA v. Oscar Andrade
AUSA: Scott Simeon / DEF: Arturo Hernandez-Melendez/P.O. Kyle Pollak
Sentencing
5:17-cr-00380-EJD-1 - USA v. Jose Ismael Rubio-Alvarez(NC)(Spanish Interpreter)
AUSA:Brian Cabrera/DEF:Tamara Crepet
Motion to Dismiss Hearing
5:18-cr-00092-EJD-1 - USA v. Jonathan Joel Mendoza(C)
AUSA: John Bostic / DEF: Tamara Crepet
Status Conference (Reptr)
5:18-cv-01603-EJD - Securities and Exchange Commission v. Ramesh Sunny Balwani
Status Conference (Reptr)
5:18-cr-00140-EJD-1 - USA v. Tabias Brinson(C)
AUSA: Jeffrey Nedrow / DEF: Robert Beles
Status Conference (Reptr)
5:18-cr-00258-EJD-1 - USA v. Elizabeth A. Holmes(NC)
AUSA: Jeffrey Schenk,John Bostic, Robert Leach / DEF: Lance Wade
Status Conference (Reptr)
5:18-cr-00258-EJD-2 - USA v. Ramesh Sunny Balwani
AUSA: Jeffrey Schenk,John Bostic,Robert Leach / DEF: Jeffrey Coopersmith,Mark Bartlett, Kelly Gordon
Status Conference (Reptr)
Tuesday, Jan 15 2019
09:00AM
5:17-cr-00153-EJD - USA v. Agustin Estrada
Jury Trial
03:00PM
5:16-cr-00322-EJD - USA v. Fritz Kramer
Pretrial Conference
Wednesday, Jan 16 2019
09:00AM
5:17-cr-00153-EJD - USA v. Agustin Estrada
Jury Trial
Thursday, Jan 17 2019
- *** CALENDAR CLOSED OUT FOR FURTHER SET
09:00AM
5:17-cv-02952-EJD - Nitride Semiconductors Co., Ltd. v. Rayvio Corporation
Anticipated SJ and Daubert Motions Hearing
Motion for Miscellaneous Relief
Motion for Summary Judgment
Motion to Strike
5:17-cv-06963-EJD - Stanford Health Care v. HCC Life Insurance Company
Motion for Summary Judgment
5:18-cv-00321-EJD - Kim v. Advanced Micro Devices, Inc. et al
Motion to Dismiss
5:18-cv-03443-EJD - Mortgage Electronic Registration Systems, Inc. v. Koeppel et al
Reservation via email 9/14/2018 Melissa Alvarez
Motion for Sanctions
Motion to Dismiss
5:18-cv-03755-EJD - Zhou et al v. United States Internal Revenue Service
Motion to Dismiss
10:00AM
5:15-cv-04982-EJD - Magallanes v. TSA Stores, Inc.
Status Conference (Reptr)
5:17-cv-06135-EJD - Sprig Electric Co. v. Automated Logic Contracting Services, Inc.
Case Mgmt Conference
5:18-cv-00137-EJD - USAA Investment Management Company et al v. Henry et al
Status Conference (Reptr)
5:18-cv-00147-EJD - In re Apple Processor Litigation
Initial Case Mgmt Conference
5:18-cv-02352-EJD - NetFuel, Inc. v. Cisco Systems Inc.
Further Case Mgmt Conference
5:18-cv-03921-EJD - Ramirez v. Walgreen Co.
Initial Case Mgmt Conference
5:18-cv-04497-EJD - LG Innotek Co.Ltd. v. Evergreat, Inc. et al
Initial Case Mgmt Conference
11:00AM
5:16-cv-06370-EJD - Optronic Technologies, Inc., v. Ningbo Sunny Electronic Co., Ltd. et al
Trial Setting Conference
5:17-cv-01068-EJD - Regalado v. City of Salinas et al
Trial Setting Conference
5:17-cv-01691-EJD - Sanchez v. Tacomania, Inc. et al
Trial Conference
5:17-cv-03800-EJD - Logical Images v. Esteva et al
Trial Setting Conference
5:17-cv-06680-EJD - Flores v. Alliance Residential LLC
Trial Setting Conference
02:00PM
5:12-cv-05652-EJD - Mains v. Whole Food Market, Inc.
Trial Setting Conference
EJD - UNDERSEAL v. UNDERSEAL
Friday, Jan 18 2019
09:00AM
5:17-cr-00153-EJD - USA v. Agustin Estrada
Jury Trial
Monday, Jan 21 2019
- *** COURT HOLIDAY ***
Tuesday, Jan 22 2019
01:00PM
5:11-cr-00355-EJD-26 - USA v. Roberto Martinez(C)(Spanish Interpreter)
AUSA: Stephen Meyer / DEF: Edwin Prather
Change of Plea Hearing
01:30PM
5:12-cr-00888-EJD-1 - USA v. John Geringer(APPEARANCE WAIVED)
AUSA:Jeffrey Schenk/DEF:Matthew Jacobs,Francis Yang
Status Conference (Reptr)
5:12-cr-00888-EJD-2 - USA v. Christopher Luck(APPEARANCE WAIVED)
AUSA: Jeffrey Schenk / DEF: David Plotsky
Status Conference (Reptr)
5:12-cr-00888-EJD-3 - USA v. Keith Everts Rode(APPEARANCE WAIVED)
AUSA: Jeffrey Schenk / DEF: Grant Fondo
Status Conference (Reptr)
Wednesday, Jan 23 2019
- No Calendar Matters Currently Set
Thursday, Jan 24 2019
- *** CALENDAR CLOSED OUT FOR FURTHER SET
09:00AM
5:11-cv-01263-EJD - Woods v. Google, LLC.
Motion to Strike
Plaintiff's Motion for Class Certification Hearing
Trial Setting Conference
5:15-cv-05841-EJD - In Re: KALOBIOS PHARMACEUTICALS, INC. SECURITIES LITIGATION
Motion for Disbursement of Funds
5:16-cv-06440-EJD - Onuoha et al v. Facebook, Inc.
Initial Case Mgmt Conference
Motion to Dismiss FAC Hearing
5:18-cv-04812-EJD - Kelley v. State of California et al
Reservation via telephone Kelly of Ronald Freshman Office 858-756-8288
Motion for Permanent Injunction
Motion to Dismiss
5:18-cv-04848-EJD - Sweeney v. Tractor Supply Company
Reservation via email 10/2/2018 Mazen Khatib 213-438-5849
Motion to Compel Arbitration
10:00AM
5:14-cv-00750-EJD - Richter et al v. CC-Palo Alto, Inc. et al
Further Case Mgmt Conference
5:14-cv-05664-EJD - United States of America v. Chul Goo Park et al (Korean Interpreter needed)
Status Conference (Reptr)
5:15-cv-00501-EJD - Neocleous et al v. Apple Inc.
Further Case Mgmt Conference
5:18-cv-03883-EJD - Yzeiraj v. Restoration Robotics, Inc. et al
Initial Case Mgmt Conference
5:18-cv-05409-EJD - PC Drivers Headquarters, LP v. Malwarebytes, Inc.
Further Case Mgmt Conference
11:00AM
5:16-cv-07219-EJD - Zenith Insurance Company v. St. Paul Fire & Marine Insurance Company et al
Final Pretrial Conference
5:17-cv-00489-EJD - Yahoo! Inc. v. National Union Fire Insurance Company of Pittsburgh, PA
Final Pretrial Conference
02:00PM
5:17-cr-00380-EJD-1 - USA v. Jose Ismael Rubio-Alvarez(NC)(Spanish Interpreter)
AUSA:Brian Cabrera/DEF:Tamara Crepet
Motion to Dismiss (SPECIAL SET)
Friday, Jan 25 2019
- No Calendar Matters Currently Set
 
 
View Calendar



***Please contact Judge Davila's Courtroom Deputy, Adriana M. Kratzmann at 408.535.5356 or ejdcrd@cand.uscourts.gov for further assistance. Ex Parte communication with chambers is not permitted. ***

updated: 12/10/2018
  

SCHEDULING NOTES FOR JUDGE EDWARD J. DAVILA

Courtroom 4, 5th Floor
280 South First Street
Courtroom 4, 5th Floor, San Jose
         

Additional information can be found under Judge Davila's Scheduling Orders: http://cand.uscourts.gov/ejdorders

Judge Davila's Law and Motion are scheduled on available calendar dates as follows:

I. CIVIL MOTIONS

Civil Motions are scheduled on THURSDAYS at 9:00 AM by RESERVATION ONLY.

To reserve a hearing date please contact Judge Davila’s Courtroom Deputy, Adriana M. Kratzmann at (408) 535-5356 or email, ejdcrd@cand.uscourts.gov  Once your matter is reserved for hearing your motion should be noticed in accordance with the Federal Rules of Civil Procedure and the Local Civil Rules. Should any respective party fail to file the anticipated motion within time provided by the Local Rules, the reserved calendar date will be vacated without further notice to the parties.

PLEASE NOTE: Please also refer to Judge Davila's updated Standing Order re Civil Cases. Judge Davila does not issue tentative rulings on upcoming matters. Any matters that are taken under submission by the Court are submitted until further Order of the Court (L.R. 7-1(b)).

Certificate of Unavailability (L.R. 1-5(p)) for 2018
Judge Davila is unavailable the following dates:

January 1 through 5
January 8
January 25
January 31
February 1 & 2
February 23
April 13
April 17
April 20
May 14 & 15
June 4 through 8
June 22 through 26
July 24 through 27
September 6 through September 17
October 11
October 16 through 19
October 29 through November 2
November 23
December 13 (pm) and 14
December 21 through December 31, 2018

Certificate of Unavailability (L.R. 1-5(p)) for 2019
Judge Davila is unavailable the following dates:

January 1 through January 4, 2019
February 19 and 20
February 27
May 14 and 15
July 22 through 26
December 20 through 31

All counsel are hereby given notice that such absence constitutes a Certificate of Unavailability, pursuant to Civil Local Rule 1-5(p). 
 
If urgency requires, counsel in any case assigned or referred to the Honorable Edward J, Davila may request a hearing before the General Duty Judge pursuant to Civil Local Rule 7-1(c).

Please check back for updates as unavailability dates are updated frequently.    

Court Holidays 2018:   

Monday, January 1 New Year’s Day (observed)

Monday, January 15 Birthday of Martin Luther King, Jr.

Monday, February 19 Washington’s Birthday

Monday, May 28 Memorial Day

Wednesday, July 4 Independence Day

Monday, September 3 Labor Day

Monday, October 8 Columbus Day

Monday, November 12 Veterans Day (observed)

Thursday, November 22 Thanksgiving Day

Tuesday, December 25 Christmas Day

II. CASE MANAGEMENT AND PRETRIAL CONFERENCES

Civil Case Management Conferences and Pretrial Conferences are scheduled for THURSDAYS at 10:00 AM and 11:00 AM respectively.

III. CRIMINAL MATTERS

Criminal matters are set on Mondays at 1:30 PM.

PLEASE NOTE:
1. Draft (unsigned) versions of the proposed plea agreement should be submitted to the CRD not less than 48 hours from the scheduled hearing.

2. Judge Davila does not use the Court's "Guilty Plea Application and Order" form for individuals wishing to plea open (e.g. without a plea agreement). The court will hold voir dire of the defendant re: change of plea in the normal course.

3. Stipulation/Proposed Orders to continue hearing deadline is Wednesday PRIOR  to the Monday hearing OR not less than 48 hours from the scheduled hearing.

IV. TRIAL SCHEDULING

Jury Selection: Tuesdays at 9:00 AM - 12:00 PM
Jury Trial: 
Tuesdays at 9:00 AM - 12:00 PM, 1:30 PM - 5:00 PM
Wednesdays at 9:00 AM - 12:00 PM; 1:30 PM - 5:00 PM
Fridays at 9:00 AM - 12:00 PM; 1:30 PM - 5:00 PM
PLEASE NOTE: The Court may also set additional trial settings on Mondays mornings (9:00 AM - 12:00PM) and Thursday afternoons (1:30 PM - 5:00 PM) at its discretion.


OTHER SCHEDULING ITEMS AND FREQUENTLY ASKED QUESTIONS:

V. TELEPHONIC APPEARANCES
The Court encourages in person appearances for Law and Motion and Case Management/Pretrial Conferences. However, the Court will consider requests to appear telephonically on a case by case basis. Parties wishing to appear by telephone are directed to file and serve an Administrative Request and Proposed Order at least one week prior to the scheduled hearing date.

Please be advised the Court will not grant, absent extraordinary circumstances, a request to appear telephonically for parties or counsel who reside or have an office located within the boundaries of the Northern District of California (counties of Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, and Sonoma). In addition, the Court will not grant a request by the moving party on a motion.

After consideration of the request by the Court, an order will be issued approving or denying the request. If the request is granted, the parties are directed to contact Court Call Phone Conferencing at (866) 582-6878 in advance of the hearing to schedule a telephonic appearance. Please tell Court Call you have been approved for a telephonic appearance by the Court. The parties are to adhere to Court Call’s procedures. If your matter is vacated for hearing after you have been approved for a telephonic appearance please notify CourtCall that your matter has been taking off calendar and you do not need a telephonic appearance.


VI. PENDING STIPULATIONS/ADMINISTRATIVE MOTIONS RE CONTINUANCE/MISCELLANEOUS REQUESTS; LETTERS/LETTER BRIEFS

Once a Stipulation and Proposed Order OR Administrative/Ex Parte Motion has been filed with the Court, it is submitted until further order of the Court. All Court Orders are sent by electronic notice to the e-mail addresses on record. Pro-se parties will receive notice by postal mail to the address on record.

The Court does not respond to letters or letter briefs seeking legal relief from the Court, unless leave to make such a request has been specifically granted. All requests requiring the Court to take action shall be made by either a Stipulation and Proposed Order or by appropriate motion made pursuant to the Local Rules.

VII. CHAMBERS COPIES

Pursuant to L.R. 5-1(e)(7), the parties are REQUIRED to lodge copies for chambers no later than noon on the business day following the day. These printed copies shall be marked "Chambers Copy" and shall be clearly marked with the judge's name, case number, and "Chambers Copy-Do Not File." The printed copies shall be mailed or delivered to the Clerk's Office. Parties shall not file a paper copy of any document with the Clerk's Office that has already been filed electronically.

***Please contact Judge Davila's Courtroom Deputy, Adriana M. Kratzmann at 408.535.5356 or by email at ejdcrd@cand.uscourts.gov for further assistance. Ex Parte communication with chambers is not permitted. ***

updated: 12/10/2018


***Please contact Judge Davila's Courtroom Deputy, Adriana M. Kratzmann at 408.535.5356 or ejdcrd@cand.uscourts.gov for further assistance. Ex Parte communication with chambers is not permitted. ***

updated: 12/10/2018
  

SCHEDULING NOTES FOR JUDGE EDWARD J. DAVILA

Courtroom 4, 5th Floor
280 South First Street
Courtroom 4, 5th Floor, San Jose
         

Additional information can be found under Judge Davila's Scheduling Orders: http://cand.uscourts.gov/ejdorders

Judge Davila's Law and Motion are scheduled on available calendar dates as follows:

I. CIVIL MOTIONS

Civil Motions are scheduled on THURSDAYS at 9:00 AM by RESERVATION ONLY.

To reserve a hearing date please contact Judge Davila’s Courtroom Deputy, Adriana M. Kratzmann at (408) 535-5356 or email, ejdcrd@cand.uscourts.gov  Once your matter is reserved for hearing your motion should be noticed in accordance with the Federal Rules of Civil Procedure and the Local Civil Rules. Should any respective party fail to file the anticipated motion within time provided by the Local Rules, the reserved calendar date will be vacated without further notice to the parties.

PLEASE NOTE: Please also refer to Judge Davila's updated Standing Order re Civil Cases. Judge Davila does not issue tentative rulings on upcoming matters. Any matters that are taken under submission by the Court are submitted until further Order of the Court (L.R. 7-1(b)).

Certificate of Unavailability (L.R. 1-5(p)) for 2018
Judge Davila is unavailable the following dates:

January 1 through 5
January 8
January 25
January 31
February 1 & 2
February 23
April 13
April 17
April 20
May 14 & 15
June 4 through 8
June 22 through 26
July 24 through 27
September 6 through September 17
October 11
October 16 through 19
October 29 through November 2
November 23
December 13 (pm) and 14
December 21 through December 31, 2018

Certificate of Unavailability (L.R. 1-5(p)) for 2019
Judge Davila is unavailable the following dates:

January 1 through January 4, 2019
February 19 and 20
February 27
May 14 and 15
July 22 through 26
December 20 through 31

All counsel are hereby given notice that such absence constitutes a Certificate of Unavailability, pursuant to Civil Local Rule 1-5(p). 
 
If urgency requires, counsel in any case assigned or referred to the Honorable Edward J, Davila may request a hearing before the General Duty Judge pursuant to Civil Local Rule 7-1(c).

Please check back for updates as unavailability dates are updated frequently.    

Court Holidays 2018:   

Monday, January 1 New Year’s Day (observed)

Monday, January 15 Birthday of Martin Luther King, Jr.

Monday, February 19 Washington’s Birthday

Monday, May 28 Memorial Day

Wednesday, July 4 Independence Day

Monday, September 3 Labor Day

Monday, October 8 Columbus Day

Monday, November 12 Veterans Day (observed)

Thursday, November 22 Thanksgiving Day

Tuesday, December 25 Christmas Day

II. CASE MANAGEMENT AND PRETRIAL CONFERENCES

Civil Case Management Conferences and Pretrial Conferences are scheduled for THURSDAYS at 10:00 AM and 11:00 AM respectively.

III. CRIMINAL MATTERS

Criminal matters are set on Mondays at 1:30 PM.

PLEASE NOTE:
1. Draft (unsigned) versions of the proposed plea agreement should be submitted to the CRD not less than 48 hours from the scheduled hearing.

2. Judge Davila does not use the Court's "Guilty Plea Application and Order" form for individuals wishing to plea open (e.g. without a plea agreement). The court will hold voir dire of the defendant re: change of plea in the normal course.

3. Stipulation/Proposed Orders to continue hearing deadline is Wednesday PRIOR  to the Monday hearing OR not less than 48 hours from the scheduled hearing.

IV. TRIAL SCHEDULING

Jury Selection: Tuesdays at 9:00 AM - 12:00 PM
Jury Trial: 
Tuesdays at 9:00 AM - 12:00 PM, 1:30 PM - 5:00 PM
Wednesdays at 9:00 AM - 12:00 PM; 1:30 PM - 5:00 PM
Fridays at 9:00 AM - 12:00 PM; 1:30 PM - 5:00 PM
PLEASE NOTE: The Court may also set additional trial settings on Mondays mornings (9:00 AM - 12:00PM) and Thursday afternoons (1:30 PM - 5:00 PM) at its discretion.


OTHER SCHEDULING ITEMS AND FREQUENTLY ASKED QUESTIONS:

V. TELEPHONIC APPEARANCES
The Court encourages in person appearances for Law and Motion and Case Management/Pretrial Conferences. However, the Court will consider requests to appear telephonically on a case by case basis. Parties wishing to appear by telephone are directed to file and serve an Administrative Request and Proposed Order at least one week prior to the scheduled hearing date.

Please be advised the Court will not grant, absent extraordinary circumstances, a request to appear telephonically for parties or counsel who reside or have an office located within the boundaries of the Northern District of California (counties of Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, and Sonoma). In addition, the Court will not grant a request by the moving party on a motion.

After consideration of the request by the Court, an order will be issued approving or denying the request. If the request is granted, the parties are directed to contact Court Call Phone Conferencing at (866) 582-6878 in advance of the hearing to schedule a telephonic appearance. Please tell Court Call you have been approved for a telephonic appearance by the Court. The parties are to adhere to Court Call’s procedures. If your matter is vacated for hearing after you have been approved for a telephonic appearance please notify CourtCall that your matter has been taking off calendar and you do not need a telephonic appearance.


VI. PENDING STIPULATIONS/ADMINISTRATIVE MOTIONS RE CONTINUANCE/MISCELLANEOUS REQUESTS; LETTERS/LETTER BRIEFS

Once a Stipulation and Proposed Order OR Administrative/Ex Parte Motion has been filed with the Court, it is submitted until further order of the Court. All Court Orders are sent by electronic notice to the e-mail addresses on record. Pro-se parties will receive notice by postal mail to the address on record.

The Court does not respond to letters or letter briefs seeking legal relief from the Court, unless leave to make such a request has been specifically granted. All requests requiring the Court to take action shall be made by either a Stipulation and Proposed Order or by appropriate motion made pursuant to the Local Rules.

VII. CHAMBERS COPIES

Pursuant to L.R. 5-1(e)(7), the parties are REQUIRED to lodge copies for chambers no later than noon on the business day following the day. These printed copies shall be marked "Chambers Copy" and shall be clearly marked with the judge's name, case number, and "Chambers Copy-Do Not File." The printed copies shall be mailed or delivered to the Clerk's Office. Parties shall not file a paper copy of any document with the Clerk's Office that has already been filed electronically.

***Please contact Judge Davila's Courtroom Deputy, Adriana M. Kratzmann at 408.535.5356 or by email at ejdcrd@cand.uscourts.gov for further assistance. Ex Parte communication with chambers is not permitted. ***

updated: 12/10/2018